Texas 2025 - 89th Regular

Texas House Bill HB4256 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Spiller H.B. No. 4256
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to actions brought by the attorney general on behalf of
7	9		certain persons under the Texas Free Enterprise and Antitrust Act
8	10		of 1983.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 15.21, Business & Commerce Code, is
11	13		amended by adding Subsections (d) and (e) to read as follows:
12	14		(d) The attorney general may bring a civil action against a
13	15		person on behalf of an individual or governmental entity for injury
14	16		to that individual's or entity's business or property caused,
15	17		directly or indirectly, by the person's violation of Section
16	18		15.05(a), (b), or (c). An action under this subsection may be
17	19		brought in district court in Travis County, or in any county in this
18	20		state in which a named defendant resides, does business, or
19	21		maintains a principal office, or in which the individual or
20	22		governmental entity on whose behalf the action is brought resides
21	23		at the time of the cause of action or any part of the cause of action
22	24		accrues. If the attorney general prevails in an action under this
23	25		subsection, the attorney general shall recover actual damages
24	26		sustained by the individual or governmental entity, interest on
25	27		actual damages for the period beginning on the date of service of
26	28		the attorney general's pleading setting forth a claim under the
27	29		antitrust laws and ending on the date of judgment (the rate of such
28	30		interest to be in accordance with Texas law regarding postjudgment
29	31		interest rates and the amount of interest to be adjusted by the
30	32		court if it finds that the award of all or part of such interest is
31	33		unjust in the circumstances), and the cost of suit, including a
32	34		reasonable attorney's fee, and if applicable, expert witness fees;
33	35		provided, however, that if the trier of fact finds that the unlawful
34	36		conduct was willful or flagrant, the court shall increase the
35	37		recovery to threefold the damages sustained and the cost of suit,
36	38		including a reasonable attorney's fee and, if applicable, expert
37	39		witness fees; provided that interest on actual damages as specified
38	40		above may not be recovered when recovered damages are increased
39	41		threefold. In an action under this subsection in which a claim is
40	42		asserted against a defendant relating to injury to both direct and
41	43		indirect purchasers, the court shall take all steps necessary to
42	44		avoid duplicative recovery from that defendant.
43	45		(e) For purposes of this section, "governmental entity"
44	46		means:
45	47		(1) this state, including each department, board,
46	48		agency, instrumentality, authority, or commission of this state;
47	49		(2) a political subdivision of this state, including a
48	50		county, city, municipality, school district, local improvement
49	51		district, law enforcement authority, or special district,
50	52		including a water, sanitation, fire protection, metropolitan,
51	53		irrigation, drainage, or other special district;
52	54		(3) a municipal, quasi-municipal, or public
53	55		corporation organized under the Texas Constitution or other law;
54	56		and
55	57		(4) a department, board, agency, instrumentality,
56	58		authority, or commission of an entity described by Subdivision (2)
57	59		or (3).
58	60		SECTION 2. Sections 15.21(d) and (e), Business & Commerce
59	61		Code, as added by this Act, apply only to a cause of action that
60	62		accrues on or after the effective date of this Act.
61	63		SECTION 3. This Act takes effect September 1, 2025.